Case for Veterinarian Malpractice?
I brought my cat to the vet about a month ago because I could tell that something was wrong. The vet looked in his mouth, said he had an infected tooth and needed it removed and didn't check anything else. Even when I mentioned the fact that my cat had been extremely constipated for a matter of time he just skimmed over the topic and said that "he's old". And when I say that he was extremely constipated, I mean he would strain and strain to go the bathroom and nothing would come out. If I touched his rear end he would cry in pain. My cat is only 10 and before this, has always been healthy. My mom had a cat who lived to 19 and I've known people who have had them live much longer, so he's not that old. The vet told me that the surgery to remove the tooth would be $600-$1000. I don't have $1000 just sitting around so I began saving up. Meanwhile, I gave him the antibiotics that the doctor prescribed. About a week ago, he stopped eating, completely. I bought him special wet foods; one with a lot of gravy so he could just eat the gravy if he needed to. I bought kitten milk, pumpkin (I read on some forms that pumpkin would be good to help his not eating), and broth. He wouldn't touch any of it. I started having to force feed him with a syringe and rushing to get the money for the surgery together. He dropped to skin and bones within a matter of days. Our vet wouldn't set up any type of payment plan with us even though we've always brought our animals there, so did my grandpa, so they should know that we're gonna pay. I contacted other vets in my area and none of them would do a payment plan. After searching for a couple of days, one of my friends suggested a vet that her dog had a $2000 surgery at and they let her pay over a year's time. I made him an appointment for the next day. The veterinarian examined him and asked me if my vet had run any blood work, which they had not. She told me that she thinks the problem is something more than a tooth and ran some blood work. Come to find out, all 4 of my cat's liver levels are elevated. When she examined him she said that she felt a lot of hard stool. She believes that the constipation is what caused him to stop eating and therefore resulted in fatty liver disease. The vet believes that it's possible that we could get him back to his normal self but it would take a few months and a lot of love and care. Which I'm willing to do. He stayed trying to eat every day, purring, and moving around. I don't think that he's ready to go. They're keeping him there for 3 days so that they can give him IV fluids, medication, and everything else that he needs. I feel as though my previous vet needs to take some responsibility for the problems my cat is now facing. If he had treated the constipation when I first brought him there for it instead of trying to get $1000 out of me for a tooth, my cat wouldn't be in the place he is now. If that vet had done his job, my cat wouldn't be fighting for his life and I wouldn't be expecting thousands of dollars in vet bills. Does this vet owe me something or is it just a sad case of malpractice that will result in nothing good?
Comments (12)
- 10 years agolast modified: 10 years ago
As Lukki says above, diagnosing animals can be tough since animals can't explain what they are feeling and I guess it could be argued that the original vet could not foresee that your cat would stop eating, and that your inaction to seek out prompt help was what caused the fatty liver
We really have to be advocates for our pets, and very proactive in their treatment because we know them better than anyone. If they take a turn for the worse it's always a good idea to get them back to the vet quickly as you then have more information that might help with a diagnosis or treatment. but this is the problem, you can't ask your cat why he doesn't want to eat so there is a lot of guesswork on what may be the cause (unless tests for example show up something definitive that would explain the symptoms).
If you are not happy with the treatment, such as when the first vet brushed off his constipation, speak up and be clear that you think it is important and needs to be addressed (this is what I mean by being an advocate) or go to another vet who will listen to your concerns. As with any profession, there are good and bad vets so if you are not happy with the treatment, go elsewhere. I hope your cat makes a full recovery and yes, older animals can rack up some hefty vet bills, my cat was always very healthy until she got older and that's when the big vet expenses came but we loved her and she was worth it. It may be a good time to start putting some money away for future vet expenses since there a likely to be more as he ages unfortunately.
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The behavior I find inexcusable is the first Vet's failure to do a routine physical exam at the first visit. My Vet of 20+ years does a complete Physical exam no matter the reason for us being in his office - dog or cat. He checks eyes, ears, heart, breathing sounds, fecal exam, and more "groping." Cost is "free."
nicolenunez100 thanked User - 10 years ago
agree, the first vet failed to do a thorough exam and he failed to listen to your concerns. unfortunately, you have very little (if any) recourse. the only thing you can really do is file a complaint with your state board of veterinary services. (not sure exactly what it's called). you can file a complaint but i doubt you will get anywhere with it.
so sorry you have to go through this with your kitty. hope he can make a full recovery!
nicolenunez100 thanked Ninapearl - 10 years ago
Yes, Salti has a very valid point, a physical exam should be standard and part of all visits. It's great when you can get comfortable with one clinic or Vet and trust their diagnosis, but going to the same place for a long time doesn't, justify a complacency in the way they treat your pet. We had been going to a specific Vet for a number of years and we were usually okay with the care but after a while I started noticing some slight changes like a rather large jump in prices. At the same time, those routine exams seemed to all but disappear; if ears were the issue, that's what got looked at, but nothing else and so on. Maybe she felt she knew our animals well enough and it wasn't necessary or maybe it was about time and fitting in more appointments to boost their bottom line but in the end, we had a misdiagnosis with one of our cats. It was cancer when the Vet diagnosed thyroid problems. It was fatal regardless but we spent $1,000's in care that was (Per the Vet who diagnosed the cancer) completely unnecessary. I was really angry and felt in part the misdiagnosis was because she had become too complacent. Lesson learned. It's taken several changes in Vets since then to find one I'm a 100% comfortable with but as trancegemini points out, it's up to you to advocate for your pets well being.
nicolenunez100 thanked User - 10 years agolast modified: 10 years ago
I recently took both my dogs to the vet to check their ears (they were both scratching at their ears). I was really surprised that this new vet at the clinic spent a whole hour with us, and gave them both a thorough exam.I haven't seen the vet do that in a long time.
She took some ear swabs and said one of the dogs had a yeast infection (which she has had before), the other one she wasn't sure about though, she has allergies which have caused repeated ear infections in the past, but the vet said her ears looked ok from what she could see and no yeast on the swab, then I told her she needed to look down them with a scope to see if they were puss-y and inflamed deep down in the ear canal, she got a scope and had a look and was like "oh yeah, I see what you mean". I have no problem telling the vets to do whatever if I think it's needed, they can think I'm a PIA all they want as long as they do the right thing by my girls.
nicolenunez100 thanked trancegemini_wa - 10 years ago
I want to thank you for giving us an update on your cat! So many people post here needing help but never report the final outcome. It's great that you were able to find a vet who is working with you on financing and is treating your cat as he should have been treated initially.
A vet that doesn't give a thorough exam doesn't get my business. I've been to vets that never touched my dog (took him there for lethargy, not eating....signs of pancreatitis) and one vet also wouldn't touch a kitten I took in that had extreme upper respiratory. Once you see those signs, walk out of the office and don't go back.
Here is a site on how to file complaints against the vet. I would also write a letter to the offending vet, letting him know the findings of your new vet. I wouldn't hesitate to ask for compensation (or refund of previous expenses) for the worsening condition of your cat from his lack of treatment & exam.
If you get no response from the first vet, then leave an online review.
nicolenunez100 thanked annztoo - 10 years agolast modified: 10 years ago
Re: the notion that vet #1 couldn't have foreseen the cat would stop eating .... Well, he can try saying that, but the truth is he darn well should know that untreated severe constipation will eventually cause any animal (or human for that matter) to stop eating. If he neglected to do even the most rudimentary procedures (ie feeling for the hard stool) then that's certainly negligence in my book.
How malpractice is defined legally though and what you can do about it is a whole different matter - as others have said. Once vet #2 has more information about cause and treatment for the constipation (any thoughts about this?) then IMHO it might be worth calling around to see what if anything could be done.... if there's a law student clinic in your local university that can be a great place to get some feedback on whether you have a case or not. Also I know theres books and materials all over about small claims courts - how they work, what kinds of things you can resolve there, how to best go about suing someone etc. Yrs ago I read up on this when dealing with a scummy landlord but it was so long ago Ive forgotten the details.
If collecting compensation is not possible then I would be thinking also in terms of - can you do anything to help make sure other people don't have to experience the results of his negligence?
Definitely file whatever professional complaints you can .... maybe even send a well-worded letter to vet #1 himself. This can be cathartic if nothing else. Don't swear or get really angry- he'll just shut down and not take in the information. Just calmly lay out for him the consequences of his negligence and be sure to end with telling him that you're taking your business elsewhere, and that you are also telling friends/family what happened.
Best to you - we're keeping fingers, toes, paws, tails, all appendages crossed for your kitty's speedy recovery.
nicolenunez100 thanked Debbie Downer nicolenunez100
Original Author10 years agolast modified: 10 years agoThank you so much to everyone that has commented. I appreciate all of your well wishes for my cat. I'm going to the vet to check on him in about an hour and will let you all know how he is doing. My problem was also that the first vet did not perform a routine physical exam. He just looked in my cat's mouth. If he had performed a full exam as the vet yesterday had, he would have felt how extremely constipated my cat was. I regret very much not listening to my gut and going and getting a second opinion right away before things had gotten to this point. Like I mentioned, my family had been going to this vet for many, many years and I guess I just put too much trust into them. This vet that misdiagnosed my cat has only been there for the past few years. The vet that always ran the practice either retired or sold it to this new guy, the previous owner had been much more thorough and caring about the animals. This new vet also put down one of my cats a couple of years ago. He was a liter mate of the cat I'm having medical problems with now. I've begun to wonder if something different would have happened with my other cat if I got a second opinion with him too. The vet didn't really give me any option but putting him down. I will be filing a complaint about this vet to hopefully prevent some people from having the same experience I currently am. I'm also going to take the advice of writing a letter to the vet. Hopefully he will compensate me for the vet bills and if not I will look into what I can do about a lawsuit. I'm also sorry to any of you who lost or struggled with an animal due to a similar situation and I will be extra sure that I speak up and make sure that all of my animals get the medical attention that they need and deserve from here on out, I've learned a very unfortunate lesson.
- 10 years ago
I have many comments and questions, though pretty sure I will not have enough room to list them all. Sure sounds like things did not go well for your kitty the first time around, though there are many parts of your story that are missing. First is why you took him to the vet in the first place. You said something was wrong, but you didn't say what. First question we always ask our clients is 'why did you bring kitty in?'. That helps to get some history and also find out what symptoms the client is most concerned about. Did you cat stop eating? Vomiting? Lethargic? Or was constipation the primary concern? If so, was that what made your bring him in? If so, the veterinarian certainly did not seem to either hear you or pay attention to your primary concerns.. .or was there another primary concern?
Either way, an infected tooth is a real concern, but rarely is it the reason a cat is brought in to the vets as most people don't look in their pet's mouths. A tooth has to be pretty badly infected if it is causing symptoms that prompt an owner to bring in a pet (which can happen, but it's not common). And not doing a thorough exam is not a forgivable offense unless he has seen your cat regularly and the concern was minor.
But your concerns about constipation should not be ignored… by either your vet or you. Was your cat able to defecate after you went home with the antibiotics for the tooth? If not, it makes sense to either call your vet immediately, complain if needed, or take him somewhere else. If your cat was eating during that time, and defecating, then perhaps he wasn't that constipated. But you said your cat was painful and that should be a concern for both of you that is rather immediate. As someone said above, you need to be your pet's advocate. If something doesn't seem right, you always have the right to ask, complain or see someone else (unless no one else is available).
The comment about age is not incorrect, though. A 10 year old cat is an aged cat. In fact, any cat over 8 years old is considered an old cat. You said you knew cats who lived to 19 or longer… those are extreme exceptions. The average life span for a pet cat indoors is about 14.. outdoors is just under 13. That's average… so some cats have to be below that if others live longer than that. We see cats under 10 all the time with age related kidney diseases, cancers, liver failure etc… I can count on 2 hands all the cats I have seen 19 or older and I have seen tens of thousands of cats in my life. Just because one cat makes it that long certainly does not mean other cats should be able to, too. You have to have the right genetics, health, care and luck to live that long as a cat. So a 10 year old cat is an aged cat… though it also does not mean your cat will not be one of those amazing cats that lives to 19. My old roommate's cat lived to 25… oldest cat I have ever seen… yet it was very decrepit and miserable for several of those years and probably should have been let go earlier.
Your cat was diagnosed with hepatic lipidosis (fatty liver disease)… a common disease in overweight cats that have been starved, stressed or ill for some time. It does not say why your cat developed hepatic lipidosis… COULD be the constipation, but could be the infected tooth, too. And does usually indicate the patient was not in perfect health to begin with (i.e.. usually overweight, one of the most common illnesses we see in cats). Hepatic lipidosis is much more rare in cats with good weight and/or good health prior to whatever illness/stress lead them to that situation.
Though it took you much longer than it should have, you did the right thing by getting a second opinion and, I hope, your kitty ends up recovering and get back to normal. So what should you do about the other vet? Several things come to mind. First is you really need to talk to him or his office and let him/them know what is going on. No way for them to learn what they did is unacceptable unless you do something like that. Secondly you should have the records from your old vet sent to your new vet so the new vet can see what has been done already for your pet's illness and better be able to treat him. And soon after, have your new vet send a 'referral' letter to the old vet with an update on the case. This is a very common situation and promotes healthy communication between professionals, but mostly it allows the 'referring' vet (the original one) to not only see that they screwed up and this ended up being far more serious than they figured, but also the details of just how sick this kitty was and what needed to be done to save him… if nothing else you give him the opportunity to learn from his mistakes and, hopefully, not make them again and end up causing another pet to go through the same sort of disaster. ANd if you still feel the need, you can notify the state board, but there needs to be a lot more information that you have not given here before you will have much of a case that they will care about.
- 10 years ago
Palmbob brought up many good points and those same points could be brought up if you choose to persue this legally.
Please consider this a life lesson and build a healthy relationship with the new Vet practice. Be happy, your kitty is alive and has a second chance at a healthy, long life. Your senior cat should be having 2 wellness visits per year, more if there is any chronic health issues. It's probably too late to inquire about pet health insurance but one emergency and it pays for itself. The new clinic should have an application form for more information.
What is it you actually want to accomplish because if it's a lawsuit, there are no guarantees, you could lose and still have to pay the lawyer and fees and court costs, etc.
From now you should set aside money for your cat's care. Lab tests can be expensive and senior animals need to have this done routinely, just like senior humans. Some cities/towns offer reduced cost pet clinics but usually just for basic stuff like vaccines. Still you should look it up for where you live. If you live near a university that has a Veterinary school, they may offer reduced cost care.
So figure out what your motives are first before you do something you might regret. I know, in your mind you are right and have been harmed. I get it. The system might not see it that way.
In the end, the yet to be named person with no part in the story, usually wins.
I hope you and kitty continue to mend.
- 10 years agolast modified: 10 years ago
"Re: the notion that vet #1 couldn't have foreseen the cat would stop
eating .... Well, he can try saying that, but the truth is he darn well
should know that untreated severe constipation will eventually cause any
animal (or human for that matter) to stop eating."But the week long starvation may have caused or worsened the fatty liver and that happened under the OP's watch, not the vets so I think that is what would be argued if she decided to sue. There were a few weeks between the original vet visit, and the new symptom of not eating, so the first vet didn't know what was going on. No the vet didn't do a stellar job here but I'm sure many of us have been to sloppy vets who weren't that great or thorough. I've been to several over the years.
The second vet had additional information, the cat was now refusing to eat and very thin so just the appearance of the cat may have prompted her to be much more thorough. But when the cat started starving itself, there was always the option to seek out another vet visit, either with the existing or a new vet. I think a big part of this is the OP did not seem to realise how urgent and serious her cat's condition had become or how dangerous it is for a cat to go into starvation mode, so mistakes were made all around and I doubt the vet could be held solely responsible legally because of that, I think it is just a very expensive lesson learned. But hopefully her cat makes a full recovery and that is the important thing.
Did the vet do a good job, no, is there a case to pursue legally, probably not but then I'm not a lawyer.











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